Philadelphia Small Business Lawyer - Stuart A. Mickelberg, Esq.

Professional Bio

Stuart A. Mickelberg

Attorney at Law

I am an experienced corporate and transactional attorney. I have served as a trusted advisor to individuals, closely-held businesses of all sizes, and large publicly owned global organizations. Having worked in both a law firm setting as well as in an in-house legal setting, where I was a consumer of legal services from many of the most well known mid-size and large law firms, I realized that there had to be a better way to deliver legal services to small businesses other than the standard retainer and hourly fee model that exists with most law firms.

Professional History

I have almost 20 years combined experience in both business and the practice of law. Prior to beginning my legal career I spent time in a variety of sales and marketing roles for Fortune 500 companies. Before founding my Philadelphia Small Business practice, I practiced law for many years at a large law firm in Princeton, New Jersey, and worked as an in-house counsel for several large global corporations.

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You’ve taken the necessary steps to properly register a trademark, but now someone is using it without your permission. This can have significant negative consequences for the success of your business and/or product. As a result, understanding the ways in which trademark rights can be protected is important to your business. What is a Trademark? Under federal law, a trademark is any word, name, symbol, or device, or any combination thereof used in commerce to identify or distinguish goods from those manufactured or sold by others. A service mark is the same as a trademark, but is used to distinguish services, as opposed to goods. Protecting Trademark The ability to stop someone from using a trademark, or one that is so similar that it is confusing, depends on the following factors: Whether the trademark is being used by the other person (or business) for competing goods or services; The likelihood that consumers will be confused by the dual use of the trademark; and Whether the trademark is being used in the same part of the country or is being used for related goods or services (goods or services that will likely be noticed by the same consumers). In order to prevent someone else from using the trademark, the trademark owner must be actively using the mark. In this context, “using” is defined as putting it to work in the marketplace to identify goods or services. However, this does not mean that the goods or services need to be actually sold. Rather, they only need to be offered to the public. Under Pennsylvania law, the owner of a famous mark... read more

Unfortunately, if you own your own business, it is most likely inevitable that the time will come when you are faced with firing an employee. Deciding to terminate the employment relationship can be a difficult one, but also critical in helping your company be as successful as possible. When going through the process of firing an employee, there are several important considerations to be aware of. Restrictions on Firing Employee Under most private-sector employment relationships, the employment is considered at-will. This means that the employment relationship can end without any justification and at the will of either party. As a result, the employment relationship can end for any or no reason. For example, an employer could fire an employee because that employee stole something from the business. But, an employer could also fire an employee simply because he or she desires to end the relationship. However, if the employee agreed to an employment contract, that contract may have eliminated the at-will nature of the employment relationship. Additionally, it is unlawful for an employer to fire an employee: Who serves on or testifies before a wage board; Refuses to submit to a polygraph test; For fulfilling a jury duty obligation; For union activity; For retaliation because the employee filed a wage complaint; For reporting wrongdoing by the employer; In a manner that violates the protections for veterans and reservists; or Who has had wages withheld to fulfill a child support obligation. Further, it is illegal to fire an employee for a discriminatory reason, such as because of the employee’s: Race; Ethnic background; Religion; Age; Sex; or Disability. If an... read more

For whatever reason, you may find yourself in the position of needing to end your limited liability company (LLC). It is important to realize that it is not as simple as just closing the door and walking away. Just as there was a formal process for forming the LLC, there are formal procedures that must be taken to end the LLC. Dissolution The process of ending a business is called dissolution, which officially ends the existence of the entity. It is important to complete this process because it takes the business out of the reach of creditors. While the focus here is voluntary dissolution, it is possible for a business to be involuntarily dissolved through a court order. In order to dissolve, the LLC must obtain clearance from the Department of Revenue (DOR) and the Department of Labor and Industry (DLI). Before this clearance is granted, all required state taxes must be paid. LLCs must file DOR Form REV-181 (Application for Tax Clearance Certificate) with both the DOR and DLI. For most LLCs, dissolution requires a vote of all members. Unless specifically prohibited by the formational documents, under the Pennsylvania LLC Act (Act), dissolution may be accomplished by a unanimous written agreement or consent of all LLC members. The decision to dissolve should be recorded in the official minutes of the dissolution meeting or on a written consent form. The LLC will continue even after receiving tax clearance and going through dissolution. This is because the LLC still has certain matters that need to be resolved. The process of winding up takes care of these final matters, which, under... read more

For most instances of a breach of a contract, damages are sought as a remedy. Usually, the payment of money is sufficient for the person harmed by the breach. However, this is not always the case. If this is true, a special remedy known as specific performance may be ordered by the court. Existence and Breach of Contract In order for specific performance to be possible, it must be shown that a valid contract was entered into and that there was a breach of that contract. Contracts do not need to be in writing to be enforceable, though it is usually advisable to form written contracts, particularly when it comes to business-related matters. In order to establish the existence of a contract, the following must be proven: Both parties demonstrated an intent to be bound by the terms of the agreement; The terms were sufficiently definite to be specifically enforced; and Both parties received consideration. A breach of contract may occur if one party does not perform on time, does not perform according to the terms of the agreement, or fails to perform altogether. The breach must also be material. The court examines several factors in determining whether a breach is material, including the following: The extent the non-breaching party will be deprived of a benefit reasonably expected; The extent to which the obligations of the contract have already been completed (if few or none of the obligations have been met, the more likely it is that the breach is material); and The extent to which the breaching party comported with the standards of good faith and fair dealing.... read more

For writers, artists, and other creators, protection of their work is critical in achieving success. If people’s original, creative work is allowed to be copied and sold by others, the incentive to create diminishes. As a result, federal law provides protection for creators from copyright infringement. As a creator of original works, it is important to understand your rights when it comes to your creations. Basic Elements of Infringement There are two basic elements to demonstrate that copyright infringement has occurred. The first is that the plaintiff must allege and prove that he or she has ownership of a valid copyright. The clearest and best way to demonstrate this is through a certificate of registration issued by the United States Patent and Trademark Office (USPTO) before publication or within five years after first publication. This certificate is prima facie evidence of the ownership and validity of a copyright. Prima facie evidence is a fact presumed to be true unless proven otherwise. Importantly, even if the presumption that comes with a certificate of registration is not available because the five years have already passed copyright owners of U.S. works must register before filing an infringement lawsuit. Therefore, it is often advisable for copyright owners to register, even if no infringement has occurred, in order to gain the benefits of the presumption of ownership and to avoid having to register later if infringement is suspected. The second element in an infringement case is that the plaintiff must prove that the defendant violated one of the exclusive rights reserved to the copyright owner. Under 17 U.S.C. §106, these rights include, but are... read more